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North Carolina Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My dad died and he has 4 children but he made a will.with only 2 of us in it.will each of us get a equal.share
T. Augustus Claus
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answered on Nov 10, 2023

In your case, since your father had a will, the court will first look at the will to determine how the estate is to be divided. If the will does not specifically state how the estate is to be divided, then the court will use the intestate succession laws to divide the estate.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Unmarried couple both with adult children couples from previous marriages. Who gets home if we die simultaneously.

I purchased a home in NC with cash and had it titled JTROS with long term partner. At the time (about 6 years ago), it didn't seem like a QTIP was an option since we were not married. I have 2 adult children and she has one adult child from our prior marriages.

My estate package... View More

Ben Corcoran
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Ben Corcoran
answered on Nov 9, 2023

In the event that you die within 120 hours of your partner. Both of you are deemed to have survived the other and your respective interest in the property would pass to your respective beneficiaries. There are exceptions to this rule but that is the basic premise.

1 Answer | Asked in Social Security and Estate Planning for North Carolina on
Q: This question is for estate lawyers. How long should it take to receive money from a relative who passed with no SSN?

Can a lawyer to find out the social security number of the deceased to make sure it is the correct one on the death certificate. And if so, how long should it take?

James L. Arrasmith
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answered on Sep 21, 2023

Obtaining a Social Security number (SSN) for the deceased and ensuring it matches the information on the death certificate is crucial for various legal and financial matters. The timeline for this process can vary based on factors such as the availability of records and cooperation from relevant... View More

1 Answer | Asked in Estate Planning for North Carolina on
Q: Does a residual estate clause include/cover real property such as a house?

Tangible property is addressed in the will. The will includes a residual estate clause. The house is not specified in the will. Does the residual estate clause cover who the house goes to? There is a beneficiary named for the residual estate.

Anthony M. Avery
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answered on Sep 18, 2023

You will need an attorney to look at the Will and the Deed. But usually a Residuary Clause in a Will includes all the rest and residue of property owned by the Decedent at death. That includes real property.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I've been an administrator of my husband estate for 2 years but now there's a will what do I do

My husband told me he destroyed the will and also revoked their poa which I do have proof of

Ben Corcoran
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Ben Corcoran
answered on Aug 21, 2023

File the will and abide by its provisions.

2 Answers | Asked in Estate Planning for North Carolina on
Q: An executor sold estate furniture and buyer put executor name on check. He deposited into estate account. Legal?

The buyer put the executor name on the check and the executor deposited the check into the estate account. The bank did process the check into estate account. Will this pass the clerk of court.

Nina Whitehurst
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answered on Aug 5, 2023

That is very typical and quite legal.

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: when someone dies what does the estate of mean

who is the representative of the estate. if no one was appointed in a will or POA

Ben Corcoran
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Ben Corcoran
answered on Jul 12, 2023

The POA is void upon death, and the will is what controls who the clerk chooses to appoint. It is ultimately up to the clerk, but they almost always follow the will.

1 Answer | Asked in Estate Planning and Elder Law for North Carolina on
Q: Is the Lady Bird deed still recommended in NC and is title insurance a problem?

Primary interest is nursing home protection

Ben Corcoran
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Ben Corcoran
answered on Jul 12, 2023

It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.

1 Answer | Asked in Estate Planning for North Carolina on
Q: My sister bought a house. The debt will outlive her. Is her son responsible for her debts when she dies?
Nina Whitehurst
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answered on Jul 10, 2023

Your nephew will not be personally liable for the mortgage when your sister passes. However, if the lender stops receiving payments, the lender will have the right to foreclose.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: My stepfather didn't put the house in a trust. Do I inherit the house even if the stepsister never lived here?

I'm in North Carolina, and the state only recognizes biological and adopted children unless otherwise noted on a will or trust. My stepfather's daughter lives out of state and has never lived here. The only time she ever visited was to ask for money. I find it worrisome that the... View More

Ben Corcoran
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Ben Corcoran
answered on Jul 5, 2023

Take all the documents to a local lawyer and get their opinion. This question cannot be answered without a full understanding of all the facts and a review of the documents.

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for North Carolina on
Q: How can I find out if I am the beneficiary of any lost wills or inheritance from family members who have passed

I was told that they was once told that my dad or his dad had left me something in will but was never contacted also I believe I may of been beneficiary of inheritance but believe it was kept from me and possibly taken, how can I find out when I have little information to go on..?

Anthony M. Avery
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answered on Jun 20, 2023

If your Father died without a Will being Probated and owning land, then you as an heir had some interest. But taxes have to be paid, as well as notes, and if not, the land is lost. Check in your Father's County to see if there was a Probate proceeding, and the property tax records.

1 Answer | Asked in Estate Planning for North Carolina on
Q: I am the Executor of my late sisters estate. She has a small home and a car. Her roommate refuses to leave the house

The roommate will not give me the keys or access to the house or car. He states he has a holographic will but will not give me a copy. I filed a Small Claims to make him leave and sent him a demand eviction letter. He refuses to leave. He is a career criminal out of jail on a secured bond.

Ben Corcoran
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Ben Corcoran
answered on Jun 16, 2023

Unless the roommate is able to provide proof that satisfies the court of his ownership, the small claims eviction should be sufficient to remove the roommate.

But until he actually tries to challenge your probate authority, ignore his claim of the will. Make him prove that he has a valid...
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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How much are services fees for filing inventory for decedents estate late?
Ben Corcoran
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Ben Corcoran
answered on Jun 6, 2023

There are no late fees, the fee is 4 cents for every $10 in assets of the estate. I would generally advise to ask the clerk to tell you how much you owe.

1 Answer | Asked in Estate Planning for North Carolina on
Q: How does a grantor of a living trust who is of sound mind but declining health transfer control to a successor trustee?

About 10 years ago my 85 year old widowed aunt created a living trust for her special needs granddaughter. My aunt is of sound mind, but her physical health is now declining. She wants to transfer control of the trust to the successor trustee. How does she do this, and does she need to retain an... View More

Ben Corcoran
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Ben Corcoran
answered on May 30, 2023

It depends on the trust document. Each trust has its own methods of changing trustees. The document should detail the process for transferring the trusteeship to a new party somewhere.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: How to transfer title of house
Anthony M. Avery
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answered on May 16, 2023

Hire a NC lawyer to draft a Deed for execution and recordation.

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1 Answer | Asked in Estate Planning for North Carolina on
Q: Can I override my status of being a beneficiary of an account, if I am also the executor of the estate?

If I am a beneficiary on an IRA but also the executor of the estate with a will that wants everything split 3 ways, will I be able to direct the IRA asset holder to disburse to the 3 people in the will (myself and two siblings) instead of just the beneficiary (me)? Thank you

Ben Corcoran
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Ben Corcoran
answered on May 8, 2023

Not likely the financial institution will all but certainly follow the beneficiary designation. However, you can make a personal gift if you want to after the distribution.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Wrongful Death for North Carolina on
Q: Who do I contact about a fake will a sibling is trying to use after the death of their brother abs mother
N'kia (NLN)
N'kia (NLN)
answered on Apr 9, 2023

You might start by contacting an attorney who handles estate/probate law.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: The state ALE served me with nuisance papers what do i do what they are accusing isnt true

they are saying we committed a act of nuisance under chapter 19. they are wanting us to move my fiancee is to never return or live on the property and im allowed only 3 hours a day and cannot return for 10 years. they are tyring to say my dad cant rent his trailers for a year an then it has to go... View More

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Your issue could either be somewhat simple or somewhat complex, but it's difficult to tell from the information provided. For example, it isn't clear who owns "the property," what the "event" was, and why ALE was involved. To be able to help determine your potential... View More

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My Mother's will has 2 deceased children listed. Who is to be listed on the probate form other than the survivors.

I'm the executor and just need to know because she only stated in her will that the sale of home be divided among the children and no one else was listed.

Ben Corcoran
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Ben Corcoran
answered on Jan 13, 2023

Normally the interest of your deceased siblings would pass to their children. However, in order to verify that, I would have to review the will and make sure it didn't specify a method for determining the heirs.

1 Answer | Asked in Estate Planning and Real Estate Law for North Carolina on
Q: NC: Coowner left and has given no forwarding information. Now what?

No mortgage; 50/50 owners on title and deed. I’ve several letters and texts, stating she bought the house for my daughter (her grandchild) and me and we never have to worry about being homeless. She bought the house; repairs were shared; all furnishings, appliances, and fencing; bills and taxes I... View More

Anthony M. Avery
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answered on Oct 17, 2022

Since it does not appear any debt problems are present, you probably need to do nothing until you want to. Hire an attorney to search the Title to be sure about ownership. When necessary, file suit for a Partition with publication service on her.

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